Second Open Government Directive Deadline this Saturday

Despite the major snowpocolypse expected to hit DC tonight, some government agencies are getting a head start on the next major OGD deadline.  This Saturday will be the 60th day since the publication of the new agency-wide transparency policy.  Check out ProPublica’s Transparency Tracker for a full list of agencies that have developed an open-government website.

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Transparency Community Voices Concerns over Data.gov

Yesterday, a group of organizations, including OMB Watch, submitted concerns with the high-value datasets published on Data.gov in compliance with the requirements of the Open Government Directive (OGD) issued on Dec. 8. The OGD required that agencies submit at least three high value datasets within 45 days through Data.gov.   These groups outlined the major problems with the site and its implementation thus far.  I have summarized these issues below.

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Open Government Directive to be Released During Live Webcast - 11am, 12/8

The open government directive is scheduled to be released at 11am on Dec. 8.   The announcement will be made in a live webcast hosted by US CIO Vivek Kundra and US CTO Aneesh Chopra.  There will be a live forum following the announcement so that citizens may give feedback and ask questions.  Please watch the live announcement here or on the White House website and check back with the OMB Watch blog for more analysis.  Dowload the directive here [PDF].

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Congressional Action Succesful in Blocking Judicial Release of Torture Photos

On Nov. 30, Congress and the President succeeded in tying the hands of the judicial system from releasing photographic evidence of American soldiers torturing detainees in U.S. custody in Iraq and Afghanistan.  The Supreme Court today reversed a lower court ruling that the pictures must be released.

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Administration Moves to Postpone Records Declassification

The Federation of American Scientists blog, Secrecy News, revealed early last week that a revised draft of an executive order on the classification of national security information was circulated by the Office of Management and Budget (OMB) in mid-November.  Despite consulting with the open government community during the policy making process, the policy is rumored to be an unfortunate step backward.

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Administration Releases More Visitor Logs

On Friday, the Obama administration released another set of visitor logs.  The list of 110 White House guests was compiled from public requests and includes names such as Brad Pitt, Jesse Jackson, and several business leaders.  This release is a positive step toward building a system of government transparency that is responsive to the public interest but we would still like to see the administration go further with this effort.

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A Few Additional Thoughts on the State Secrets Policy

Since my initial take on the administration’s announcement this morning of a new state secrets policy, I’ve had a chance to discuss the issue with colleagues both inside and outside of OMB Watch and have decided to briefly outline what I see as both positives and negatives of the new policy.  Ultimately, we feel the result is a net positive.

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BREAKING: New State Secrets Policy Released

Today, the Justice Department released a pivotal policy statement on the way the Obama administration will govern use of the state secrets privilege.  The new policy will be implemented on Oct. 1.  This is a welcome step toward President Obama’s promise of an unprecedented level of openness and away from the former administration’s “just trust us” approach when using the privilege to withhold evidence in lawsuits against the government.  While it seems highly likely that previous administrations have used the unfettered privilege to avoid embarrassment or corruption charges, the Obama administration has limited its use to national security purposes.

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New State Secrets Policy to be Released as early as Today

A number of news outlets, including The Washington Post and The New York Times, are reporting that as early as today, the Obama administration plans to release a new policy on the state secrets privilege.  The new policy is expected to be implemented on Oct. 1.  According to the reports, there are several measures included that will restrict the executive branch’s ability to claim the privilege.

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Intelligence Community Tries & Fails to add Silly Exemption to FOIA

Earlier this month, the Washington Post ran a story about the intelligence community’s efforts to push legislators to amend the Intelligence Authorization Act (S. 1494) to exempt “terrorist identity information (TII)” from the Freedom of Information Act (FOIA).  Currently, this information is marked as Controlled Unclassified Information (CUI) with a stamp that reads “for official use only” but the Office of the Director of National Intelligence (ODNI) made claims that the information could readily be requested under FOIA with little protection.  We have proof that these claims were ridiculous.

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